English Version of Directive under section 79A of the MCS Act and Rules Housing Societies in Maharashtra by Chief Secretary Co-operation Government of Maharashtra

Part I

Maharashtra Government Order No SAGRUTO 2007/case No.554/14 (s) Co-Operative Marketing and Textile Division. Dated 3^rd Jan. 2009.

Whereas the – development of building belonging to Co-operative Housing Society is in progress on large scale in the State of Maharashtra, there are a large number of complaints received from the members in respect of the management. The nature of the most of the complaints received in respect of redevelopment of building of housing societies are as under:

1.         The members are not taken into confidence in the process of redevelopment.

2.         No transparency in the process of Tender.

3.        Arbitrary appointment of Architect.

4.        Gross Violation of provisions of MCS Act, 1960 and Rules, 1961.

5.         No Coordination between Architect & Project Consultants.

6.         No planning in process and Redevelopment.

7.        No proper method is being followed while finalizing the Tenders.

8.    No uniformity in contracts entered into with developer.

Whereas there is no uniform and firm policy in deciding the above complaints and at different levels and to deal with various complaints received, in order to have a consultation with the respective authorities working in the field, the Commissioner for Cooperation and Registrar of Cooperative Societies Maharashtra State, Pune has appointed a study group under the chairmanship of joint Registrar Coop, Society. CIDCO. The said study group in consultation with all concerned in the field unanimously opined that there should be guiding Rules for re-development of building of co-op. housing societies.

Therefore as per the section 79 A of the MCS Acct, 1960, the Government has passed the following order in respect of redevelopment of buildings of co-operative societies. It shall be treated as “Co-operative Housing Societies Building Redevelopment Directives.”

     Demand for a special General Body Meeting

Note of suggestions and implications of the said project and to take members not less than ¼ of the total numbers of members of the cooperative Housing Society must give a requisition notice for convening a special General Body Meeting of members to the secretary of the society and the Managing Committee duly elected and constituted as per byelaws of the Co-operative Housing Society to consider aspect of redevelopment of building of the co-operative. Housing Society after taking policy decisions on various terms and conditions about the redevelopment of building of the society.